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Avoidance of liability for statutory paternity pay (adoption) in respect of adoptions from overseas

11.—(1) A former employer shall be liable to make payments of statutory paternity pay (adoption) to a former employee in any case where the employee has been employed for a continuous period of at least 8 weeks and his contract of service was brought to an end by the former employer solely, or mainly, for the purpose of avoiding liability for statutory paternity pay (adoption).

(2) In a case falling within paragraph (1) –

(a)the employee shall be treated as if he had been employed for a continuous period ending with the day the child enters Northern Ireland;

(b)his normal weekly earnings shall be calculated by reference to his normal weekly earnings for the period of 8 weeks ending with the last day in respect of which he was paid under his former contract of service.

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